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(영문) 광주지방법원 목포지원 2016.02.18 2016고단10

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 160,000,000 and by a fine of KRW 140,000.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendants are foreigners of the nationality of the People's Republic of China, Defendant A is the captain of D ( approximately 138 tons, KRW 10 on board, KRW 10 on board), a two-way fishing vessel of the People's Republic of China, and Defendant B is the captain of E ( approximately 138 tons, KRW 9 on board, KRW 9 on board), a two-way fishing vessel of China on board.

If a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea other than a specified prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.

Nevertheless, at around 15:10 on December 25, 2015, the Defendants conspired with the aforementioned permission, and captured approximately 5,000 g fishery products from the 52.5 nautical miles south of the west-gun, west-gun, the exclusive economic zone of the Republic of Korea (or approximately 14 nautical miles on North Korea, 34-26.9, east 124-20.7, EZ, and approximately 14 nautical miles on the part of the EZ) by operating in a manner of projecting and putting together two different net fishing gear.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols of police seizure and list of seizure;

1. Location map of capture;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. The Defendants of the relevant legal provision on criminal facts: Subparagraph 1 of Article 17 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone; Article 5(1) of the same Act; Article 30 of the Criminal Act

1. Articles 70(1) and 70(2) and 69(2) of the Criminal Act for the Defendants to be detained in a workhouse;

1. The Defendants: The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone; Article 132(1) of the Criminal Litigation Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. Defendants of the custody order: The sentencing under the proviso of Article 69(1) of the Criminal Act is two times the unauthorized operation once and the non-permitted non-scheduled matters, as the Defendants A violated the Act on the Exercise of Sovereign Rights on Foreigners' Fishing in Exclusive Economic Area.

The fact that there has been punishment, Defendant B is the captain of the last vessel among the two net fishing vessels, the size of the vessel, the method of operation, the quantity of the captured fishery products.